Guardian of Person and Estate; Appointment to Take Effect

at Death. Either parent of a legitimate child, living or likely to be born, may appoint a guardian of the person and estate or person or estate, of such child, by will or by deed, to take effect upon the death of the parent appointing, with the written consent of the other parent, or if the other parent is dead or incapable of consent. If the child is illegitimate, such appointment may be made by the mother.